MEMORANDUM Shelley D. Rucker , UNITED STATES BANKRUPTCY JUDGE . The trustee has filed an objection to an exemption claimed by Debtor Tara Jo Hurt in the funds on deposit in a SunTrust account and a motion for the turnover of those funds under 11 U.S.C. 542. The basis of the Trustee's objection to the exemption is threefold. First, he argues that because Mrs. Hurt obtained the funds by a transfer from her husband which was allegedly a fraud on his creditors, the transfer may be recovered...
MEMORANDUM Nicholas W. Whittenburg , UNITED STATES BANKRUPTCY JUDGE . This case is before the court on the Debtor's Motion to Convert Case to a Case Under Chapter 13 filed on August 18, 2015. Having considered the undisputed material facts and the arguments and briefs of the parties, the court will deny the motion. The pertinent facts are as follows. The debtor commenced this chapter 11 case on May 30, 2014. His Schedule D reflects $1,281,000.00 in secured debts, and it does not indicate...
MEMORANDUM ON MOTION TO ENFORCE SETTLEMENT AGREEMENT SUZANNE H. BAUKNIGHT , UNITED STATES BANKRUPTCY JUDGE . On September 8, 2015, Plaintiff filed a Motion to Enforce Settlement Agreement, asking the Court to compel Defendants to execute the Settlement Agreement attached as Exhibit 3 to his Memorandum of Law in Support of Motion to Enforce Settlement Agreement (collectively referred to for the purposes herein as "Motion to Enforce"), providing, inter alia, that (1) Plaintiff will be...
MEMORANDUM OPINION SHELLEY D. RUCKER , Bankrutpcy Judge . I. Background Facts and Procedure This matter is before the court on the Debtors' Motion for Protective Order filed on May 1, 2015. (Doc. No. 119). The motion seeks: (a) to require National Data Center, Inc. ("NDC"), Valley of the Moon Royalties, Inc. ("VMR"), and certain unnamed subscribers and/or customers of theirs (collectively the "Respondents") to take action to redact the Debtors' personally identifiable information ("PII")...
MEMORANDUM OPINION SUZANNE H. BAUKNIGHT , Bankruptcy Judge . On June 24, 2015, the Court entered an order directing James H. Price and Chadwick B. Tindell, who were at that time counsel for Debtors, to appear and show cause why they should not be sanctioned, including but not limited to a directive to disgorge fees, pursuant to 11 U.S.C. 105(a) and Rule 9011 of the Federal Rules of Bankruptcy Procedure ("Show-Cause Order"). [Doc. 158.] The Show-Cause Order was issued in response to a...
MEMORANDUM Shelley D. Rucker , UNITED STATES BANKRUPTCY JUDGE . The debtor filed a motion to redeem property on July 29, 2015. Sunrise Acceptance, the creditor who holds the lien on the vehicle the debtor seeks to redeem, objects to the redemption on two grounds. The first is that the motion is untimely and that the debtor's right to redeem has expired. The second is that the amount proposed to be paid for the redemption is not the amount of the allowed secured claim of the holder as...
Memorandum SHELLEY D. RUCKER , Bankruptcy Judge . This matter comes before the court on a motion for summary judgment filed by defendant Wells Fargo Bank, N.A. The Plaintiffs have alleged that Defendant has failed to properly credit payments made by the Plaintiffs to the Defendant. This court has jurisdiction over this matter under 28 U.S.C. 1334 and 157(a) and (b)(2)(C). Defendant moved for summary judgment on August 12, 2015. [Doc. No. 23.] Plaintiffs have failed to respond. Under...
MEMORANDUM OPINION SHELLEY D. RUCKER , Bankruptcy Judge . The motion to reconsider this court's order denying the motion for a show cause order filed by the debtors, Rodney and Sonya Hill, was heard on September 3, 2015. [Doc. No. 108]. The court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and 157(b)(2)(B). For the reasons stated below, the court will deny the debtors' motion. I. Background Facts and Procedural History The debtors are proceeding pro se after...
MEMORANDUM SHELLEY D. RUCKER , Bankruptcy Judge . On May 8, 2015, the court entered an order granting in part and denying in part the motion for summary judgment filed by James R. Paris, the plaintiff and duly appointed trustee in the chapter 7 joint case of Elbert ("Don") and Rhonda Walker. On May 22, 2015, the defendant Cindy Walker, the debtors' daughter 1 , filed a motion asking the court to reconsider its ruling in the order on the issue of the insolvency of debtor Rhonda Walker....
MEMORANDUM NICHOLAS W. WHITTENBURG , Bankruptcy Judge . This adversary proceeding is before the court on the Motion to Dismiss filed by the defendant on July 24, 2015, and the Motion to Quash Issuance of Alias Summons filed by the defendant on August 7, 2015. Both motions relate to the plaintiffs' failure to perfect service within the 120-day period prescribed by Fed. R. Civ. P. 4(m), as made applicable in bankruptcy adversary proceedings by Fed. R. Bankr. P. 7004(a)(1). The defendant...
MEMORANDUM Shelley D. Rucker , UNITED STATES BANKRUPTCY JUDGE . Plaintiff Jared Smith ("Plaintiff") has filed this adversary proceeding against defendant debtors Vincent Perry Morse and Mary Lynn Morse (collectively "Defendants" or "Debtors") seeking a judgment from this court that a debt in the amount of $100,000 is non-dischargeable pursuant to 11 U.S.C. 523(a)(2)(A), 523(a)(4), 523(a)(6) and 11 U.S.C. 727(a)(3), 727(a)(4)(A), and 727(a)(5). [Doc. No. 1, Complaint.] 1 The...
MEMORANDUM Shelley D. Rucker , UNITED STATES BANKRUPTCY JUDGE . Plaintiffs Dwight Jenkins and J & S Construction ("J & S") (collectively "Plaintiffs") have filed this action against the defendant debtor Michael Wolfgang Schmank ("Defendant" or "Debtor") alleging that the Defendant misused their funds and that such debt should be non-dischargeable pursuant to 11 U.S.C. 523(a)(2)(A), 523(a)(4), 523(a)(6). Although the Plaintiffs cited 11 U.S.C. 727 in their complaint (Doc. No. 1, "...
MEMORANDUM Shelley D. Rucker , UNITED STATES BANKRUPTCY JUDGE The Plaintiff Trustee James Paris ("Plaintiff" or "Trustee") has filed this adversary proceeding against the Defendant Cindy Walker ("Defendant") who is the daughter of the debtors Elbert and Rhonda Walker ("Debtors") to recover the alleged fraudulent transfer of two pieces of real property or their value from the Defendant pursuant to 11 U.S.C. 548 and 550. The Trustee has moved for partial summary judgment 1 regarding...
MEMORANDUM SHELLEY D. RUCKER , UNITED STATES BANKRUPTCY JUDGE . The debtor Steven Erich Hubbard ("Debtor" or "Plaintiff") filed a complaint in this adversary proceeding against defendant Pennsylvania Higher Education Assistance Agency ("PHEAA"). [Doc. No. 1, Complaint]. 1 He sought the dischargeability of certain student loans pursuant to 11 U.S.C. 523(a)(8). He further sought declaratory relief from this court pursuant to 11 U.S.C. 105(a) that certain student loans pose an "undue...
Chapter 7 MEMORANDUM Shelley D. Rucker , UNITED STATES BANKRUPTCY JUDGE Plaintiffs Monford C. Rice, II and Rebecca Rice (collectively "Plaintiffs") filed this adversary proceeding against defendant debtor Vincent Perry Morse ("Defendant" or "Debtor") seeking a judgment from this court that a debt in the amount of $223,500 is non-dischargeable pursuant to 11 U.S.C. 523(a)(2)(A), 523(a)(4), and 523(a)(6). [Doc. No. 1, Complaint]. 1 The Plaintiffs further seek interest, attorneys' fees...
